Applying for AOS in The US

[Cartagena 0]

Hi ladies and gents.

I am in the process of putting together my AOS packet so after doing an extensive research I have a few questions.

1. My birth certificate is lost and I can't get a replacement one unless I am there in person and of course I can't leave the US at the moment since my visa has expired. I have tried to contact the corresponding party in my country and I am yet to hear from them and it has been several months now. I asked one of my relatives to follow up on that all he got was they can't give it to anybody but me. So my question is how do I resolve this has anybody encountered such an issue?

2. Do I need a copy of my birth certificate when I file I-130? Or it's needed for I-485?

3. In 2012 taxes my wife filed as head of household and she didn't claim me, will that cause a problem?

4. In 2007 I was arrested for a theft by receiving offense but the charges were dropped because I didn't know the goods I was getting were stolen and therefore the judge dropped the case, will that show up on my record and will it hamper the process? I have had a few traffic fines and they are all paid off.

5. I am a bit confused about the filing fees, if I want to file concurrently (I-130, I-485) anybody willing to shed some light?

Thank you very much in advance.

[didopage 337]

This VJ guide will answer some of your questions: http://www.visajourney.com/content/i130guide2

No need for a copy of your birth certificate for the I-130, a copy of your passport works. But you need the copy of your BC for the I-485.

Which visa are your adjusting from? When did you enter the US?

Your US spouse will prepare the I-130 petition package, the fee is $420.

You will prepare the AOS package, fee is $1,070.

Edited March 13, 2013 by didopage

[Cartagena 0]

No need for a copy of your birth certificate for the I-130, a copy of your passport works. But you need the copy of your BC for the I-485.

Which visa are your adjusting from? When did you enter the US?

Your US spouse will prepare the I-130 petition package, the fee is $420.

You will prepare the AOS package, fee is $1,070.

Thank you for your reply, I entered the US in 2003 on a student visa (F1), it has expired so I have been out of status but been living with my wife for 3 years going on 4 now.

[IanChap 5]

Hi ladies and gents.

I am in the process of putting together my AOS packet so after doing an extensive research I have a few questions.

1. My birth certificate is lost and I can't get a replacement one unless I am there in person and of course I can't leave the US at the moment since my visa has expired. I have tried to contact the corresponding party in my country and I am yet to hear from them and it has been several months now. I asked one of my relatives to follow up on that all he got was they can't give it to anybody but me. So my question is how do I resolve this has anybody encountered such an issue?

2. Do I need a copy of my birth certificate when I file I-130? Or it's needed for I-485?

3. In 2012 taxes my wife filed as head of household and she didn't claim me, will that cause a problem?

4. In 2007 I was arrested for a theft by receiving offense but the charges were dropped because I didn't know the goods I was getting were stolen and therefore the judge dropped the case, will that show up on my record and will it hamper the process? I have had a few traffic fines and they are all paid off.

5. I am a bit confused about the filing fees, if I want to file concurrently (I-130, I-485) anybody willing to shed some light?

Thank you very much in advance.

1. I went to my South African consular office in NYC and waited 3 months for them to mail me a new one. make sure it is unabridged if you can. IO officer didn't ask to see it at interview. :/

2. I sent mine with i-485 and i-130, filed both at the same time.

3. Shouldn't cause a problem. We went back to accountant and got him to adjust it. Bring other evidence of your relationship.

4. I had a DUI in Maryland in 2000. I did a personal background check on myself with the FBI and nothing came up. I still submitted it and it was not a problem. You have to think about what a crime of moral turpitude is. I would always say just be honest and then nothing unexpected can come up.

5. In total, cost me about 1200 in filing fees, lawyer was 4000, and costs acquiring extra documentation, like BC from South Africa. In total, I spent 6000 or there about. Was worth every penny. But every lawyers is different I'm sure.

[Cartagena 0]

1. I went to my South African consular office in NYC and waited 3 months for them to mail me a new one. make sure it is unabridged if you can. IO officer didn't ask to see it at interview. :/

2. I sent mine with i-485 and i-130, filed both at the same time.

3. Shouldn't cause a problem. We went back to accountant and got him to adjust it. Bring other evidence of your relationship.

4. I had a DUI in Maryland in 2000. I did a personal background check on myself with the FBI and nothing came up. I still submitted it and it was not a problem. You have to think about what a crime of moral turpitude is. I would always say just be honest and then nothing unexpected can come up.

5. In total, cost me about 1200 in filing fees, lawyer was 4000, and costs acquiring extra documentation, like BC from South Africa. In total, I spent 6000 or there about. Was worth every penny. But every lawyers is different I'm sure.

Thank you for your input, I have contacted the embassy and they told me they will get back to me on Monday also I am thinking of getting a power of attorney letter to authorize my mother other relative to get it for me if possible.

As far as filing I-130 and I-485 concurrently, I guess I will have to wait and see how the birth certificate process pans out, I am inclined to send in I-130 while I am waiting for the birth certificate and have everything ready to go when the BC comes.

P.S. I have been to South Africa, great country.

[IanChap 5]

Good luck to you! From my experience, and lawyers advice, its best to have originals of everything. Including birth certificate.

Edited March 14, 2013 by IanChap

[newacct 688]

As far as filing I-130 and I-485 concurrently, I guess I will have to wait and see how the birth certificate process pans out, I am inclined to send in I-130 while I am waiting for the birth certificate and have everything ready to go when the BC comes.

I think you should file them concurrently. There is pretty much no point in filing them separately. Filing the I-130 earlier does not give you any advantage.

[IanChap 5]

I think you should file them concurrently. There is pretty much no point in filing them separately. Filing the I-130 earlier does not give you any advantage.

I agree, wouldn't filing them separately just extend your case time? Once the ball gets rolling though, it is pretty fast!

[Cartagena 0]

Update on my birth certificate, I got hold of somebody at the vital records office and they have started to process my request all I have to do now is pay the processing fee which I have asked my cousin to do so ASAP. Finger crossed it goes smoothly and fast.